Island County, WA Home Business: Home Daycare (2026)
Key Facts
- Day care nursery cap
- Up to 6 unrelated persons
- Day care center (small)
- 7-12 unrelated persons
- Day care center
- More than 12 persons
- Home occupation floor cap
- 50% of home or 800 sq ft
- Governing section
- ICC § 17.03.040
Summary
Island County Code section 17.03.040 sorts home-based child care by headcount: a "day care nursery" serves up to six people and "is considered to be a home occupation and must meet the standards for home occupation," while a "day care center (small)" serving seven to twelve people is a separate, larger use category not automatically covered by the home occupation rules.
Day care means a facility maintained under public or private auspices and licensed by the state for the purpose of providing care, assistance and/or training for persons (children or adults) not related to the caregiver. The care is provided for less than twenty-four (24) hours during one (1) day. ... Day care center means care provided for more than twelve (12) persons. ... Day care center (small) means family-home care provided for seven (7) to twelve (12) persons not related to the caregiver. ... Day care nursery means family-home care provided for up to six (6) persons not related to the caregiver. A day care nursery is considered to be a home occupation and must meet the standards for home occupation.
Full Breakdown
040, draws a hard line at six clients for a home-based day care to qualify as a home occupation. d. That means a six-and-under home day care in the Rural, Rural Residential, Rural Agriculture, Rural Forest or Commercial Agriculture zones is capped at 50 percent of the dwelling's floor area or 800 square feet, must be run by a full-time resident, and may employ no more than one non-family worker on site. 040 and neither automatically treated as a home occupation, meaning a larger operator must seek the applicable nonresidential or conditional-use approval rather than relying on the home occupation permit path. Planning and Community Development determines which category an operator falls into based on licensed capacity, not intended use.
Violations & Fines
Operating a home day care for more than six unrelated persons while still relying on a home occupation permit is a code violation because that scale reclassifies the use as a day care center (small) or day care center, which are not automatically home occupations under section 17.03.040. Exceeding the six-person cap without the correct permit exposes the operator to code enforcement, permit revocation, and a requirement to either reduce enrollment or obtain the appropriate nonresidential approval before continuing operation.
Frequently Asked Questions
How many kids can I watch in a home day care without a bigger permit?
Is a 10-child home day care still treated as a home occupation?
What standards apply to a home day care that qualifies as a home occupation?
Sources & Official References
Other rules in Island County
Compare Island County to another location·View the Washington home business overview
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